Ambagahapelessa Sri Sangabodhi Sasanodaya Samithiya (Incorporation)

AN ACT TO INCORPORATE THE AMBAGAHAPELESSA SRI SANGABODHI SASANODAYA SAMITHIYA.

Preamble.

WHEREAS an Association called and known as the “Ambagahapelessa Sri Sangabodhi Sasanodaya Samithiya” has heretofore been established at Ambagahapelessa in Sri Lanka, for the purpose of effectually carrying out and transacting all matters connected with the said Association according to the rules agreed to by its members:

AND WHEREAS the said Association has heretofore successfully carried out and transacted the several objects and matters for which it was established, and has applied to be incorporated, and it will be for the public advantage to grant the application:

BE it therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[16th July
, 1993 ]

Short title.

1. This Act may be cited as the Ambagahapelessa Sri Sangabodhi Sasanodaya Samithiya (Incorporation) Act, No. 26 of 1993.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the ” Ambagahapelessa Sri Sangabodhi Sasanodaya Samithiya ” (hereinafter referred to as ” the Samithiya “) or shall here after be admitted members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as ” the Corporation “) with perpetual succession under the name and style of the ” Ambagahapelessa Sri Sangabodhi Sasanodaya Samithiya ” and by that name may sue and be sued in all courts, with Ml power and authority to have and use a common seal and alter the same at its pleasure.

General objects of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be

(a) to promote the dissemination of religious knowledge among the people;

(b) to establish, manage and maintain a Buddhist cultural centre;

(c) to promote the dissemination of spiritual values among the people;

(d) to promote and develop the Buddhist culture;

(e) to engage in activities conducive to social and economic well being;

(f) to further education, by the management and maintenance of the Sirisangabo Pirivena and other Pirivenas affiliated thereto ; and

(g) to do such other acts and things as are conducive or incidental, to the attainment of all or any of the above objects.

General powers of the Corporation.

4. Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, perform and execute all such acts, matters and things what-so ever as are necessary or desirable for the promotion or the furtherance of the objects of the Corporation or any one of them, including the power to open, operate and close bank accounts, to borrow or raise moneys, with or without security, to receive or collect grants and donations, to invest its funds and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by an Executive Committee consisting of the office-bearers and such number of other members as may be provided for, in such rules and elected in accordance therewith.

(2) The first Executive Committee of the Corporation shall consist of the members of the Executive Committee of the Samithiya holding office on the day immediately preceding the date of commencement of this Act.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by a majority of not less than two-thirds of the members present and entitled to vote, to make rules not inconsistent with the provisions of this’ Act or any other written law, in respect of all or any of the following matters:

(a) the admission, classification, withdrawal or expulsion, of members, and their membership fees;

(b) the mode of election to the Executive Committee and various sub-committees, the resignation from, or vacation of, or removal from, office of the members thereof, and their powers, conduct and duties;

(c) the election or appointment of office-bearers, officers and servants of the Corporation, and their powers, conduct, duties and functions;

(d) the procedure to be observed at, the summoning and holding of, meetings of the Corporation, the Executive Committee, and various sub-committees, the times, places, notices and agenda of such meetings, the quorum therefor and the transaction of business thereat;

(e) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts; and

(f) generally, for the management of the affairs of the Corporation and the attainment of its objects.

(2) Any rule made by the Corporation may be altered, added to, amended or rescinded in like manner as a rule made under subsection (1).

(3) The members of the Corporation shall be subject to the rules for the time being of the Corporation.

Corporation may-hold property-movable or immovable.

7. The Corporation shall be able and capable in law to acquire and hold any property both movable or immovable which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise and all such property shall be held by the Corporation for the purposes of this Act and subject to the rules in force for the time being of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Debts due by and payable to the Samithiya.

8. All debts and liabilities of the Samithiya existing on the day immediately preceding the date of commencement of this Act, shall be paid and discharged by the Corporation and all debts due to and subscriptions and contributions payable to the Samithiya on that day shall be paid to the Corporation for the purposes of this Act.

Procedure for affixing the seal of the Corporation.

9. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of such persons as the Executive Committee shall authorize from time to time, who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

Saving of the rights of the Republic and others.

10. Nothing in this Act contained shall prejudice or affect the rights of the Republic, or of any body politic or corporate, or of any other persons except such as are mentioned in this Act, and those claiming by, from, or under, them.

Sinhala text to prevail in case of inconsistency.

11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail,